- (1.) Leave granted.
(2.) By the impugned judgment the Bombay High Court directed cancellation of bail which was granted earlier to the appellant.
(3.) In a nutshell, the accusations against the appellant and the background scenario so far as relevant for the disposal of this appeal are as follows : On 11-10-2002 a complaint was lodged by one Sunil Nyaneshwar Yadav alleging that while he had gone to Solapur there was communal riot. In the evening he had gone to Vishnu Nagar for witnessing installation of Shakti Idol along with five others. They were sitting on the stage in the evening. At about 5.00 p.m., a group of persons came there and removed the idol of Shakti. At that time one Chanderkant Arjun had come by a motorcycle. When the offenders learnt that the police had come they started fleeing. The said Chanderkant was chasing the offenders. There was scuffle between Chanderkant and the offenders. One of the offenders pierced the knife in the stomach of Chanderkant and he was lying in the pool of blood and was taken to the hospital. On the date of incident, two other persons were assaulted by the five named offenders. The first information report was registered. The accusations so far as the appellant is concerned, were that he had instigated the mob to assault and murder. Learned single Judge took note of the fact that persons who were named as accused persons were already released on bail, on the basis of the statement made by the learned A.P.P. Accusations against the appellant were also that he was responsible for the riots at different places at Solapur. Taking note of the circumstances and the only allegation against him was of instigation, bail was granted since the charge sheets were placed and he was in custody for more than 7 and 1/2 months. On 18-6-2003 an application for cancellation of bail was filed by the State of Maharashtra under Section 439 (2) of the Code of Criminal Procedure, 1973 (in short the 'Code') alleging that there was suppression of material facts from the Court. It was not a fact that all the co-accused persons were released on bail. The application was numbered as Criminal Application No. 2335 of 2003. When the matter was taken up, an affidavit was filed by one Gajanan Rajaram Huddedar, the Inspector of Police, stating that that appellant had threatened the complainant of dire consequences in the Court premises of learned Sessions Judge during trial on 16-7-2003 at 2.30 p.m. when the matter was fixed for evidence. Complaint was lodged with the Police Inspector, Begumpeth Police Station, Solapur by one Sunil Yadav that he had appeared before the Sessions Judge pursuant to summons issued by the Court. During lunch time, when he was going towards the Court he was threatened by three persons including the appellant and he was told that dire consequences would follow if he would depose against the appellant and other accused. The place where the threat was made was also indicated. The appellant filed application under Section 439 of the Code for bail in connection with the case which was in relation to offences punishable under Sections 302, 307, 147, 148, 149, 295A, 427, 435 of the Indian Penal Code, 1860 (in short the 'IPC') and Section 25(4) of the Arms Act, 1959 (in short the 'Arms Act'). The learned Sessions Judge who heard the bail application rejected the same by order dated 21-2-2003. A bail application was moved before the Bombay High Court which was registered as Criminal Bail Application No. 1012/2003 dated 7-3-2003. The learned single Judge (Justice S. S. Parkar) allowed the application for bail by order dated 4-6-2003.;